Section 90YZSFamily Law Act 1975 (Cth)

Death of non‑member spouse

If the non‑member spouse dies after the operative time for a payment split:

(a) the payment split nevertheless continues to operate; and

(b) the payment split then operates in favour of the legal personal representative of the deceased non‑member spouse and is binding on that legal personal representative; and

(c) the legal personal representative has all the rights the deceased non‑member spouse would have had in respect of the payment split, including the right to serve a waiver notice under section 90YZQ.

Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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